Then your law misuses the term also and perhaps you're really being prosecuted for "Ethnic Abuse". In any case, per the Webster dictionary....D700man's remark was in no way a racist one.

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By the way, race is hard to define. There is more genetic variation between Africans and Africans than there is between Africans and Europeans. Generally in this country if you make abusive remarks about people from another country, simply because they are from that country, then those remarks would be considered to be racist. I don't think it has to be based on for example skin colour.

Rather than "racist," the more accurate term might be "xenophobic." Merely semantic, I know; but less charged with social-historical baggage.